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November 13, 2003 <br /> TO: James Y. Arakaki, Chair <br /> Leningrad Elarionoff, Planning Committe,(e Chair <br /> FROM: Constance R. Kiriu, Legislative Auditor' ~ <br /> RE: PUNA SUGAR MILL, LLC <br /> Bill No. 159 & Bill 160 <br /> BILL 159 <br /> BILL 159 reclassifies 14.901 acres of land from State Land Use Agricultural to Urban. An 8-acre <br /> portion remains in Agricultural. <br /> Bill No. 159 contains a condition forbidding the landowner of the remaining 8-acre portion from <br /> reclassification from Agricultural to Urban for five years, unless state land use law is amended. <br /> <br /> The condition also contains a restrictive covenant in the deed that would run with the 8 acres in <br /> case the land is subdivided and sold. <br /> COMMENT <br /> 1. This is an unusual condition (may be the first) that has not been included in State Land <br /> Use reclassifications by the County Council. According to the record, the condition was <br /> recommended because of a February 13, 2003, comment letter from State Land Use <br /> Commission Executive Officer Anthony J.H. Ching. <br /> 2. The condition appears to be arbitrary unless: <br /> • A similar condition is placed on all reclassifications where a portion remains in <br /> Agriculture or Rural; or <br /> • The County passes an ordinance setting forth the criteria it will use when accepting <br /> less than 15 acre applications for processing; or <br /> • The State legislature passes a more specific law. <br /> 3. In addition, the condition contradicts homerule. <br /> • It ties the hand of the council for five years. <br /> • The County would be sending landowners to the State Land Use Commission when <br /> the Council has been acting on these situations in the past. <br /> RECOMMENDATION <br /> Remove the condition from Bill 159. <br /> Bill 160 <br /> Bill 160 contains Condition D, which reads "No Home Improvement Centers may be constructed <br /> <br /> on the Limited Industrial-zoned portion of the property." <br /> <br />